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Copyright Policy.

Copyright Policy

Copyright on Quirqus

Quirqus Inc. respects the intellectual property rights of others and we expect people on Quirqus Inc. to do the same. It’s our policy—in appropriate circumstances and at our discretion—to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights.
 
In keeping with the Digital Millennium Copyright Act, which you can read at the US Copyright Office website, we’ll respond quickly to claims of copyright infringement on Quirqus Inc. that are reported to our designated copyright agent, identified below.
 
If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on Quirqus Inc. by completing the DMCA Notice of Alleged Infringement and sending it to our designated copyright agent.  When we get your DMCA notice, we’ll take whatever action we think is appropriate, which may include removing the reported content from Quirqus Inc.  If we remove content in response to a DMCA notice, we may notify the person who saved it on Quirqus Inc. so they have the opportunity to send a counter-notice. We may also send a complete copy of the notice to others, as appropriate.

Submit a copyright complaint To submit a DMCA notice, just fill out our copyright complaint form. Fill out copyright complaint form If you'd prefer not to use this form, please send the following information to our designated copyright agent:
• Identify the copyrighted work you believe has been infringed. If you’re reporting multiple copyrighted works, you can provide a representative list of those copyrighted works.
 
• Identify the content on Quirqus Inc. you claim to be infringing your rights, including the information we need to help us find it, like the URL to the page on Quirqus Inc.
 
• Provide your mailing address, phone number and email address.
 
• Include both of these statements in the body of your notice:
 
• "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use)."
 
• "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed."
 
• Include your full legal name and your electronic or physical signature (for example, by typing your full name).

If the work you’re reporting is an image, you can ask us to remove all copies of the image. At the beginning of your notice, just ask us to “remove all content that contain the image.” Please note that we can only remove identical copies of an image—if an image file has been resized or altered, we won’t be able to find or remove it. 
 
Send your completed DMCA notice to:
 
Quirqus Inc. Copyright Agent
201 Spear Street, Suite 1100 San Francisco, CA 94105
Fax: (415) 333-6490
Email: legal@quirqus.com 
  Note: This email address should only be used for copyright complaints. If you need to get in touch with us for any other reason, please visit support@quirqus.com.

What if I get a copyright complaint (DMCA) notification? If you’ve gotten a notification that your Quirqus has been removed for a copyright complaint, it means the content owner asked us to remove it. If you want us to forward the information from the copyright complaint notification, just email us at legal@quirqus.com to let us know (we may remove some personal contact information).  If your account gets too many copyright complaints, you could lose the ability to save your Quiqus on Quirqus Inc., or we may disable your account altogether.
 
If you think we made a mistake removing your Quirqus, you can file a counter-notice. When we get a valid counter-notice, we’ll remove the complaint from your account's record.  
 
Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure you have a good faith belief that we removed the content in error, and that you understand the repercussions of submitting a false claim. How to file a counter-notice Email your counter-notice to legal@quirqus.com and include all of the following:
• Your name, address and phone number.
 
• The DMCA ID found at the bottom of the notification email.
 
• The web address of the content we removed (copy and paste the link from the notification email).
 
• A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
 
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Quirqus Inc. may be found, and that you’ll accept service of process from the person who provided the original complaint.
 
• A physical or electronic signature (for example, by typing your full name).

Promotions Rules

Promotions Rules
Promotions Rules
If you use Quirqus or any of Quirqus Inc.’s other products or services as part of any type of promotion, contest, or sweepstakes (all referred to here as a “Promotion”), you are responsible for ensuring that your Promotion complies with all legal requirements. This includes writing the official rules, terms, and eligibility requirements, and complying with marketing regulations. Legal requirements for Promotions can vary from place to place, so please work with an attorney or other expert to ensure you won’t violate any applicable laws. Quirqus Inc. is not responsible or liable to you in any way if you use any of Quirqus Inc.’s products or services as part of your Promotion.
 
In addition, please adhere to the following rules.
 
Do:
• Make it easy to get involved with clear and simple instructions; 
• Provide official rules for your Promotion; 
• Expressly state in your Promotion official rules that each entrant or participant completely releases Quirqus Inc. from all claims based on, related to, or arising from the Promotion;
• Expressly state in your Promotion official rules, and make clear through the presentation of your Promotion, that your Promotion is in no way sponsored, endorsed, administered by, or associated with, Quirqus Inc.;
• Follow all of our other community and usage guidelines, including Quirqus Inc.’s Terms of Service, Community Guidelines, and Privacy Policy.
Don't:
• Use any of our products’ or services’ names, trademarks, logos or other intellectual property except as necessary to comply with these Promotions Rules 
• Encourage illegal or illicit behavior 
• Encourage spammy behavior
• Violate or encourage others to violate our Terms of Service, Community Guidelines, or Privacy Policy.

SOCIAL RESPONSILITY POLICY.

SOCIAL RESPONSILITY POLICY
(updated as of March 23, 2020)

Quirqus Inc. expects users to treat others the way you would want to be treated.

This basic concept of treating each other with kindness and respect has largely gone missing these past several years. It is our hope to instill this ‘lost’ art of communication between people by promoting a Social Responsibility Policy for unacceptable behavior of our users. We hope you view this policy in a positive light and enjoy all that Quirqus offers you and your friends. If, however, you use the Services, or enable anyone else to use the Services deemed unacceptable by Quirqus Inc. we may remove the offending content, terminate your account permanently, and/or notify law enforcement (if required). If you are unsure about specific activity we suggest you err on the side of caution. If you have questions or comments please email us at support@quirqus.com.
Unacceptable Activities Include Those That:
• Bullies, Harasses, or Intimidates users. Includes coercion and threats. As these can be considered crimes, Quirqus Inc. may notify law enforcement (if necessary).
• Defames other users. Damaging the good reputation of another user by slander (a false spoken statement) or libel (a false written statement).
• Spams or solicits users. Sending inappropriate messages to large numbers of users for either commercial or non- commercial use.
• Incites, or attempts to Threaten or Cause Harm to oneself or others. Threat is the crime of intentionally or knowingly putting another person in fear of bodily injury. Quirqus Inc. may notify law enforcement (if necessary).
• Users Language that is Vulgar, or relates to Hard Drug Usage. Vulgar language is obscene words that are offensive by acceptable standards of morality and decency. Hard Drug Usage includes language promoting the use, sale, and distribution of “Hard” (addictive) drugs to others.
• Uses Hate Speech. Includes attacks on users based on their race, religion, ethnic origin, national origin, sex, sexual orientation, gender or gender identity, disability or disease.
• Uses Pornography. Pornography is the portrayal of erotic behavior designed to cause sexual excitement.
• Engages in, or promotes Illegal Activities. Includes an act committed in violation of the law where the consequence of conviction by a court is punishment. As these are considered crimes, Quirqus Inc. may notify law enforcement (if necessary).
• Engages in, or promotes Sexually Explicit Activities. Includes sexual harassment, assault, rape, sexual exploitation, and sexual misconduct (voyeurism, exhibitionism, fondling). As these are considered crimes, Quirqus Inc. may notify law enforcement (if necessary).
• Engages in, or promotes Dangerous Activities. Creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised.
• Engages in, or promotes Violence toward people or animals. Includes behavior which is intended to hurt, injure, or kill people and animals. As these are considered crimes, Quirqus Inc. may notify law enforcement (if necessary).
• Engages in, or promotes Elder Abuse. Includes an intentional act by another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult (defined as someone age 60 or older). Please take these Rules seriously and honor them in the spirit in which they are intended. We’ll do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think best reflects these values in each situation in our sole discretion. 

Terms of Service

Terms of Service Effective:
March 23, 2020
Welcome to Quirqus!
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Quirqus Inc. so please read them carefully. By using Quirqus or any of our other products or services that link to these Terms (we refer to these simply as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services. ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE, A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND QUIRQUS INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND QUIRQUS INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
• You can form a binding contract with Quirqus Inc.
• You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
• You are not a convicted sex offender.
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. Rights We Grant You Quirqus Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected. Content submissions are set to be viewable by Everyone as well as content you submit to crowd-sourced Services, including, “Public Content.” For all content you submit to the Services other than Public Content, you grant Quirqus Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant Quirqus Inc., our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Quirqus Inc., our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Quirqus application or on one of our business partner’s platforms. For information about how to tailor who can watch your content, please take a look at our Privacy Policy. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. The Services may contain advertisements. In consideration for Quirqus Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.

4. The Content of Others Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Quirqus Inc. reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
5. Privacy Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Quirqus Inc. can collect, use, and share your information consistent with that policy.
6. Respecting Other People’s Rights Quirqus Inc. respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
• bullies, harasses, or intimidates.
• defames.
• spams or solicits our users.
• incites, or attempts to threaten or cause harm to oneself or others.
• uses language that is vulgar, or relates to hard drug usage.
• uses hate speech.
• uses pornography.
• engages in, or promotes illegal activities.
• engages in, or promotes sexually explicit activities.
• engages in, or promotes dangerous activities.
• engages in, or promotes violence toward people or animals.
• engages in, or promotes elder abuse.
In order to root out bad behavior of its users, Quirqus Inc. implements a Social Responsibility Policy of unacceptable activities. As our list is ongoing and updates we encourage you to refer to it often.
If you are in violation of ANY OF THESE ACTS - EVEN ONE TIME, we may remove the offending content, terminate your account, and/or notify law enforcement (if required). If your account is terminated, you may not use QUIRQUS again. Furthermore, you understand and agree that this decision is ours alone to make, final, binding, cannot be appealed, and cannot be adjudicated in any court.
If you are unsure about specific activity we suggest you err on the side of caution. If you have questions or comments please email us at support@quirqus.com.

You must also respect Quirqus Inc.’s rights and adhere to the Brand Guidelines and any other brand guidelines published by Quirqus Inc. You may not do any of the following (or enable anyone else to do so):
• use branding, logos, designs, photographs, videos, or any other materials used in our Services, except as explicitly allowed by the Brand Guidelines or other brand guidelines published by Quirqus Inc.
• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
• use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
7. Respecting Copyright
Quirqus Inc. honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If Quirqus Inc. becomes aware that one of its users has infringed copyrights, we will take steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent: Quirqus Inc.
Attn: Copyright Agent
201 Spear Street, Suite 1100 San Francisco, CA 94105 email: legal@quirqus.com Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored.
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
• contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• identify the copyrighted work claimed to have been infringed.
• identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
• provide your contact information, including your address, telephone number, and an email address.
• provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
8. Safety
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
• You will not use the Services for any purpose that is illegal or prohibited in these Terms. • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not use or attempt to use another user’s account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access. • You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not encourage or promote any activity that violates these Terms. We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Quirqus and drive. And never put yourself or others in harm’s way just to take a photo or video.
9. Your Account
You are responsible for any activity that occurs in your Quirqus account. So it’s important that you keep your account and data secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
• You will not create more than one account for yourself.
• You will not create another account if we have already disabled your account, unless you have our written permission to do so.
• You will not buy, sell, rent, or lease access to your Quirqus account, Quirqus icon, a Quirqus username, or a friend link without our written permission.
• You will not share your password.
• You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
• You are aware that your photo and video content on Quirqus might become unavailable for any number of reasons, including things like an operational glitch or a decision on our end to terminate your account. You are aware (and we recommend), it is your responsibility to keep copies of your original photos and videos you post on Quirqus as we will not track down, replace, reproduce, or provide copies of any of your pictures or videos to you.
• You will notify Quirqus immediately if you think that someone has gained access to your account. Reach out to us at support @quirqus.com.
10. Data Charges and Mobile Phones You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number that you used to create a Quirqus account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
11. Third-Party Services If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Quirqus Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services and Termination We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong Quirqer, you can terminate these Terms at any time and for any reason by deleting your account. Quirqus Inc. may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Quirqus Inc. continue to be bound by Sections 3, 6, 9, and 12-21 of the Terms.
13. Indemnity You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Quirqus Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
14. Disclaimers We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE QUIRQUS INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. QUIRQUS INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH QUIRQUS INC. WILL BE RESPONSIBLE FOR.
15. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUIRQUS INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF QUIRQUS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL QUIRQUS INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID QUIRQUS INC., IF ANY, IN THE LAST 12 MONTHS.

16. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND QUIRQUS INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
• Applicability of Arbitration Agreement. You and Quirqus Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Quirqus Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
• Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
• Fees. If you choose to arbitrate with Quirqus Inc., you will not have to pay any fees to do so. That is because Quirqus Inc. will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Quirqus Inc. will pay that forum’s fees as well.
• Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Quirqus Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Quirqus Inc.
• Waiver of Jury Trial. YOU AND QUIRQUS INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Quirqus Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Quirqus Inc. over whether to vacate or enforce an arbitration award, YOU AND QUIRQUS INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
• Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.
• Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
• Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Quirqus Inc. can force the other to arbitrate. To opt out, you must notify Quirqus Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Quirqus username and the email address you used to set up your Quirqus account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Quirqus Inc., ATTN: Arbitration Opt-out, 401 Spear Street, Suite 1100, San Francisco, CA 94105 or email the opt-out notice to legal@quirqus.com.
• Small Claims Court. Notwithstanding the foregoing, either you or Quirqus Inc. may bring an individual action in small claims court.
• Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Quirqus Inc.
17. Exclusive Venue
To the extent that these Terms allow you or Quirqus Inc. to initiate litigation in a court, both you and Quirqus Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Northern District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of San Francisco. You and Quirqus Inc. consent to the personal jurisdiction of both courts.
18. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
19. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Additional Terms for Specific Services Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail. 21. Final Terms • These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Quirqus Inc., and supersede any prior agreements. • These Terms do not create or confer any third-party beneficiary rights. • If we do not enforce a provision in these Terms, it will not be considered a waiver. • We reserve all rights not expressly granted to you. • You may not transfer any of your rights or obligations under these Terms without our consent. Contact Us Quirqus Inc. welcomes comments, questions, concerns, or suggestions. Please contact us at support@quirqus.com. Quirqus Inc. is located in the United States at 401 Spear Street, Suite 1100, San Francisco, CA 94105.

Trademark Policy.

Trademark Policy
Quirqus Inc. respects the trademark rights of others. Accounts with usernames, board names, or any other content that misleads others or violates another's trademark may be updated, transferred or permanently suspended.
If you're concerned that someone may be using your trademark in an infringing way on our site, let us know by completing our trademark complaint form. We'll review your submission and take whatever action we deem appropriate, including temporary or permanent removal of the trademark from Quirqus Inc..
While the trademark complaint form is the best way to reach us with your concerns, you can also email us at legal@quirqus.com.
If you got a trademark complaint notification from us, you can contest it by emailing us at legal@quirqus.com and letting us know why you think the complaint is invalid. Please include the trademark complaint reference number from the notification. If you want us to forward the information from the trademark complaint notification, let us know by emailing us at legal@quirqus.com with the trademark complaint reference number. We'll be happy to send it along (though we may remove personal contact information).